Jam Ventures Australia Pty Ltd v Inner West Council [2019] NSWLEC 1456

Land and Environment Court New South Wales

Medium Neutral Citation: Jam Ventures Australia Pty Ltd v Inner West Council [2019] NSWLEC 1456 Hearing dates: 9 September 2019 Date of orders: 26 September 2019 Decision date: 26 September 2019 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) The application to modify development consent D/2015/680 for the mixed use development at 465 and 467 Parramatta Road, Leichhardt (granted by the Land and Environment Court on 6 May 2016 in proceedings 10011 of 2016), by amending condition 1 of Part B, deleting the deferred commencement conditions, and deleting conditions 3, 22 and 40(d) of Part B, is granted. (3) The development consent referred to in order (2), for the demolition of the existing structures with retention and refurbishment of the façade at 465 Parramatta Road, Leichhardt, and construction of a 5 storey mixed use building comprising commercial premises and a boarding house of 22 rooms and a manager's residence at 465 and 467 Parramatta Road, Leichhardt, is now subject to the modified conditions of consent contained in Annexure A. (4) The exhibits are returned, except for Exhibits A, C and E. Catchwords: APPEAL – modification application – deletion of deferred commencement conditions that require easement for drainage over downstream property – stormwater design proposes drainage to street frontage – adequacy of proposed stormwater design – development control plan provisions – whether flexibility should be afforded when standards in the development control plan are not met Legislation Cited: Conveyancing Act 1919 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2013 Cases Cited: Castagnet Investments Pty Ltd v Woollahra Municipal Council [2006] NSWLEC 171 JAM Ventures Australia Pty Ltd v Leichhardt Municipal Council [2016] NSWLEC 1173 Mauro Poletti v Inner West Council [2017] NSWLEC 1325 Wren Investments Pty Ltd v Willoughby City Council [2011] NSWLEC 1167 Zhang v Canterbury City Council (2001) 115 LGERA 373 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Jam Ventures Australia Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)